The Court of Appeal in Enugu, Friday. upheld the defection of Ebonyi Governor David Umahi and his deputy, Mr Kelechi Igwe, from Peoples Democratic Party, PDP, to the All Progressives Congress (APC).
The sitting which began at exactly 11:00 am had the Honourable Justice Alfa Belgore assisted by justices Oyewole and S. N Gbagi, with counsel to both parties in attendance.
In a 37th judgement read on the floor of the court, Justice Belgore held that the appeal lacked merit and that the cases sighted are totally irrelevant to the matter brought before the court.
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The lead judge, Justice Alfa Belgore further pointed out that the removal of elected officials, in this case, Governor Umahi and his deputy, lies in the hands of the legislature and must be in line with the constitution of the Federal Republic of Nigeria, as amended.
The judge specifically cited section 308 of the Constitution and pointed out that no legal action can be taken against a sitting president and vice president, governor and his deputy.
The court dismissed the appeal filed by Senator Sonni Ogbuoji and Mbam Ogodo, seeking to remove the governor and his deputy, for having no locus in their bid.
In a lead judgment delivered by Justice J. O. K. Oyewole, the court held that the appellants, lacked locus in their bid to supplant the respondents.
Oyewole said that the defection of the governor and his deputy from PDP to the APC might appear immoral.
He, however, held that the Constitution did not provide for their removal from office based on defection.
“Defection of elected executives is not novel in our political system but their removal must be in accordance with the constitution.
“The defection might appear immoral but they have freedom of association,” he said.
The judge said that there were no express constitutional provisions for consequences on the defection of a governor or deputy governor to another party.
He said that it was not the duty of the court to start making laws or inserting words in the express provision of the constitution.
The News Agency of Nigeria (NAN) recalls that the appellants were the governorship candidate and the running mate respectively of the APC in the 2019 governorship election in the state.
It will be recalled that the respondents sometime in 2020 defected to the APC.
The appellants through their counsel, Mr Ogbonnaya Okolie, approached a State High Court in Abakaliki and sought to remove Umahi and Igwe on grounds that they abandoned the platforms they won their election.
The had averred that Umahi and Igwe who were sponsored by the PDP in the election, by their actions, abandoned their seats and vote.
They sought the leave of the court to make declarations that would enable them to replace the respondents as governor and deputy governor, respectively.
However, the trial court dismissed their case for lacking in merit.
Recall that Justice Inyang Ekwo of Federal High Court, Abuja had ordered the governor and his deputy to vacate office.
Mr Ekwo ordered the Independent National Electoral Commission (INEC) to receive names of candidates from the PDP to replace Messrs Umahi and Igwe.
“The votes in any election in Nigeria are to political parties, and not candidates,” the judge held.
